THE OMUTY D VTLV BETS : FIUDY , VEBBVAUY IT , 1SW ) .
OUTCOME OF A PRIZE FIGHT
Andrsw Dnpont on Trial Charged with
Killing William Walker.
DEFENSE ALLEGES A HASTY QUARREL
MUl nt Wlilrh I IKArrmril l.nlil Out
Hl Mnn Win I'nllcil Oil lit
botilh O in nil ii Kant
October ,
The trlaf of Andrew Dupont , Ihc South
Omaha prize ilghlcr , for the killing of Wil
liam Walker In a puclllitie contest on Mon
day evening , October 17 last , at South
Omaha , h * commenced before Judge Maker.
Hupont's wife and Httle girl are with him
In the court room. Mrs. Dupont came here
from Kansas City to be present. The child
it not much more than a bsbj and lJupont
and his wife divide their time Holding It.
A Jury was secured during the afternoon
and the taking of testimony begun There
In no one from South Omnha on the Jury.
TollorlnR are the name *
William C Hankln. Eighth ami Nicholas ;
John Strlbllng. 2011 North Twenty-first ,
Charles Stephens , eighteenth and Nicholas ,
F. Church , 2317 North Twenty-eighth ; Wil
liam Stanton. 2522 Cumlng , John Cowan ,
2C:0 Hamilton : A. T. Day , 1433 South Klgh-
tecnth. W. Stephens , 1007 North Twenty-
necond ; H. Michel. 3004 North Twenty-
fourth ; Charles C Schaefter , S24 South
Twenty-first street. Omaha ; John Tledctnan ,
Florence , and Krcd Mohatt , Waterfoo.
There are three counts In the Information
agalnit Dupoot The first charges him with
killing Walker by an assault In a quarrel ,
the second with causing his death by means
of a blow In a prize fight , and the third
\ ! with prize fighting merely.
The mill at which Walker was killed was
under the auspices ot the Olympic Ath
t letic club. Dupont landed a swinging
upper cut blow on Walker's chin and caused
nuch a concussion that Walker died the fol
lowing Thursday. The blow knocked the
breath out of Walker at the time , hut It was
owing to his remarkably robust constitution
that ho lingered the few days between life
end death.
Assistant County Attorney Elmer E.
Tliomas Is prosecuting the case and Mr.
Macfarland Is defending Dupont. Their
questions to the Jurors turned upon the ele
ments of prejudice and doubt ln\olved In
the peculiar circumstances of Walker's
fate. Mr. Thomas confined his Interrogations
mostly to whether the Jurors had any
prejudice against the law prohibiting prl/e
fighting , and Mr. Macfarland asked If there
should be proved a reasonable doubt as to
whether the fight -was a prize fight or a
friendly boxing contest , the Jurors would
give the accused the benefit of the doubt.
Line of DrfcnNi * .
It became apparent early In the Ques
tioning of the Jurors what the defense would
be. "If there remained a doubt after hear
ing all the evidence whether William
Walker came to his death as the result of
accident or Intention , would lou slve the
prisoner the benefit of If" was the inter
rogation put by Mr. Macfarland with almost
unchanging regularity. Mr. Thomas hugged
closely to the Idea of prejudice against
prize fighting and his examination was as
favorable to the defense as Macfarland's.
In his opening statement to the Jury Mr.
Macfarland said there would not be any
evidence produced by the state In support
of the first count , charging Dupont with
killing Walker In a hasty quarrel With
respect to th& other two he said he would
bo able to show that the pugilistic mill was
not a regular prize fight for reward as con
templated by the law , but simply an amica
ble glove contest.
Henry C. Richmond and the two Walker
brothers were the only witnesses put on the
Bland yesterday. Their evidence was prac
tlcally the same , namel } , that five or six-
ounce gloves were used ; Dupont drew the
flret blood ; this was In the first round by
a blow on Walker's nose , the elchth and
twelfth rounds were the most severe
Walker received two blows on the chin in
the twelfth round , which was the last. The
two Walker brothers said Dupont struck
William Walker behind the left ear Just as
ho was falling when he was knocked out.
The unfortunate man never afterwards re
gained consciousness
The referee was a man from California.
Dupont had come hero from St. Joseph.
The dead man had been a wrestler of some
[
ability and was in a match once with the
"Terrible Swede. " The affair took place at
Blum's ball.
An AilmlNNloii ! * ! ( CImrip < l.
Samuel Walker said the admission charged
was ? 1 and the amount taken In was J4G 50 ,
there having been three half-dollar tickets.
Part of this went for expenses and the bal
ance was nut In a hat and the hat passed
around among the audience for the pur
pose of raising a purse. Whatever became
of this mone > witness could not tell. Ho
was in the ticket office , looking after the
Bale of tickets in his brother's interest up
to the time the fight began and Thomas
McGulre. who seemed to have had a great
deal to do with getting up the contest , was
nlso engaged In selling tickets During the
whole fight witness was In the ring and a
close spectator The Walkers were all
farmers. Samuel Walker testified that his
deceased brother bad landed quite a few
heart blows on Dupont , whilst Dupont pun
ished his antagonist mostly about the head
and face , with rltht-handers Doth he and
John X. Walker described how the fatal
blows were struck in the last round the
witnesses Illustrating by going through an
imitation. The two thin blows followed
each other with maivelous rapidity and the
( net blow , one behind the left ear , was struck
as Walker was falling and just before he
reached the Moor. He had not hit bis head
on the floor at any time during the fight ,
they swore.
Cross-examined by Macfarland , John N.
Walker declared that he did not bavo the
least feeling against DupouU
Fred Smith , who Is subpoenaed ns one of
tbo wltnesics , was the chief of the South
For all coughs
and colds t
i Cherry Pectoral
The medicine tried
for 60 years is the
medicine you can
tfford to try.
_ i ME < r > n > ' \f \ m j u > _ j > _ i 4
f maha dopftHmrnt \ churgp of
an I abrttlne n prize fight Hgnlnit Chief ot
Police- Carroll gren out of this affair and Car
roll b s been held to the district court by '
Judee Baxter. U Is etpected his CtfiC will
cone to soon.
< - < OTT IS limiMIM ! ! ) IIY \HP.Il. .
I'nllcrinnn Without n Wnrrnnt In . ! n-
tlflril In MnUliiK nnrrcM. .
In the habeas corpus proceedings of Trunk
Frynon , who Is chai rd with being a fugitive
from justice. Judge linker announced a doc
trine from the bench , radically different
from that of Judge Scott In the Claus Hub-
bard C8M
Judge Scott declared that a policeman has
no authority to arrest without a warrant ,
and that the party arrested has a right to
defend his liberty , even to the extreme of
shooting the officer. Judge Baker holds that
a policeman has full author ! ' ; to arrest
without any warrant vvh < > rt the suspicion Is
a reasonable one. He uses the Illustration
of an Incendiary fire just started from which
a man Is seen running away. The police of
ficer arrests him , naturally suipectlng the
man of having 11 red the building , but It
turns out that the person arrested nas sim
ply running after a doctor and had no con
nection with the fire whatever. The police
man , Judgg Biker saje , was Justified in
making the arrest under the circumstances.
However , the court concedes that where
the patty arrested is Innocent the arrest Is
matlo at the police o tile or's peril when not
fortified with a warrant.
Another point raised by Fryson's attorney
was that he was kept In jail twenty-four
hours before any complaint was lodged
against turn. Judge Baker said the police
had a perfect right to do so.
An amusing Incident developed during the
afternoon In connection with Frj son's
habeas corpus. Frvson Is a negro mul n
neqro lawyer was on band looking after
1 Is Interests. Judge Baker , after ll ten-
Ing to the arguments df the different coun
sel , discharged the prisoner because of the
defectlvene-ss of the complaint upon which
he was being held. It charged that he was
a fugitive from Iowa , but the statement
of the document was > o mixed that It was
Impossible to tell whether the crime alleged
was committed In ono elate or the other
or lu both.
The negro started to go out of the court
room , but Sheriff Morgan was present from
Council Bluffs and Police Captains liar and
Donahue and Detective Dunn of the local
police force also to arrcet Fryson as soon
as he left the courtroom. Frysonwhen he
saw the situation , concluded to remain
where It was safe.
As eoon as the Dupont Jury panel was
completed , however , Judge Baker took a
recess. Anticipating this and what the
bherltl of Pottawattamlc county was after ,
Fr > son wai beckoned by his lawjcr to go
with htm behind the false partition which
separates the bench from the entrances to
the otaces of the clerk of the district court
and the lawjer started to prepare another
writ to be served as coon as his client was
rearrested Sheriff Morgan and the local
police officers were equally as alert and
they took advantage of the court's recess
and followed Fryson.
Sheriff Morgan flashed a requisition from
Governor Povnter authorizing him to ar
rest and conduct Fryson to the border of
the state on the charge of larceny from
the person It took him some time to read
this , but Frvson's lawjer was still mors
tardy
"Come along with me , " said the sheriff
from Council Bluffs
"Walt a minute , " demanded the negro
lawjcr.
There was some scuffling In the endeavor
to get the prisoner out of the courtroom
Into one of the clerk's olRces because
Frjson showed resistance. Captain Her
came to the aid of Morgan and Dunn and
hi'stprt ! the darkj unceremoniously Into and
through the clerk's office , out Into the corridors
riders and down stairs , where the patrol
wagon waa waiting for them. Frjson was
bundled Into the wagon and down Farnam
street it started at a rapid pace. Mean
while his lawjcr had obtained his second
writ and it was placed in Sheriff McDonald'b
hands.
"Hurry up or thej'll get away , " urged
the lawjer. McDonald said he ivould have
to read the writ first. He turned the writ
over to Deputy Sheriff Grebe to serve and
Grebe and the lawjcr managed to reach
the bottom of the steps Just as the wagon
was about a block avvaj\ There was no
street car In sight , BO they went down the
street on a run. Seeing the patrol turn the
corner of Sixteenth street they supposed
Frj-son was being taken to the police sta
tion and hither they hied. No wagon had
ibeen at the station when they got there ,
so they -waited in the supposition that the
wagon had been delaye-d They soon
learned that they had been outwitted by
Sheriff Morgan , for the patrol -wagon had
been driven to the Omaha and Council
Bluffs bridge and Morgan had gotten away
with his man and was safe In Iowa
The writ would not have availed Frj-son
anyway. H was directed to Chief of Police
White and Captain Her , whereas , under the
requisition , he was In Sheriff Morgan's , cus
tody and the local officers vvero merely
assisting the Iowa sheriff to get his man
out of the state as the requisition com
manded.
jtnr.i : P\WCITT MVICI > SIIOAVING.
I > \iIiiliiH | VVIi > A xftM of Ocrinnii Sn > -
IIIKH lliinK Mmiilil lie So 111.
Judge Fawcctt has his statement prepared
in the mandamus case brought against him
by Joel W West In the supreme court to
compel him to allow a supersedeas In the
German Savings bank matter Mr. West
represents the bank's stockholders
An order was made bj' Judge Fawcett in
January , directing the sals of the bank's
assets for the benefit of the depositors , the
sale to begin nbout March 1 It was bin
opinion , he fald at the time , that money is
seeking Investment in Omaha , real estate Is
bringing good prices , several pieces of prop
erty to lilt , own knowledge Itavlng been re
cently turned over at a good profit , and ho
believed now Is n good timeto get the most
out of the bank's tealtj Mr. West asked
him to fix a supersedeas for the purpose ot
preparing an appeal to the Miprrme court
V 0. Strlckler , In behalf of the depositors ,
resisted on the ground that such would in
effect be a nullification of the court's order.
Judge Fawcett refused the application of
Mr. West and the latter we-nt before the su
preme court end askeil for a writ of manda
mus. No writ lias jet been Issued , the su
preme court allowing briefs to bo submitted
by both bides , and either a peremptory writ
will bo Itsued or none at all.
In Judge l"awcell's response , which he 1 :
now about to file with the clerk of the supreme
premo court , ho reiterates his reasons for
the order of sale and argues that the In
terests of the 3,000 depositors are paramount
and are entitled to the most consideration
Twenty pt'r cent of the stock has been paid
and there Is 1400,000 capital stock liable The
liability of the capital block , lie goes en to
say Increases In lisk as time progresses ,
while now the bank's assets will bring the
best returns. Besides , bis January order
simply carries out tils order of Julj , 1& ! > 6
He stands upon his judicial discretion in the
matter as the officer having the complete
dUjib&al of it Another point made bj him
is that neither the bank nor its stockholders
made any bhovvlng (0 ( counterart the showing
of the depositors.
null of Our I.ii n Suit In Mull I.
The long drawn out trial of the suit of
the Ililej-Hubbard company against the
Automatic Gag Lamp company to enjoin the
defendant from disposing of property fur
the sale of Invention rights has at laet come
to an ond. It has bc en dragging along for
several weeks The plaintiff represented
that It had a contract -with the defendant
fcr t e tnltel Staim and Camla-ail the
territory con-red i > y the patents anil had
plv n a onj ' f J ' " "i Hn t r o Vr hanJ
the defonto raHed the qu * ( i < > n of the pro-
prirty ot a director of one compunv nuking
a contract -with another In which hta In-
t TMt Is greater. Mr Rlley wa a director
In and ntoo the vice president and general
manftger of the Automatic Q s Lamp com-
pnny and he Is the prethlent and principal
owner of the Itlley-Hubbard company. Both
City Attorney Connell and K II. Scott , the
attorney of the Police Board , have been
tied tip in this mutter , taking different sides
of the controversy Mr. Scott reasoned thnt
Mr. Hlley's capacity In connection with the
defendant was of uh a fiduciary nature
that he could not make a contract with his
own company as a party of the * econd part
with a fair regard for the Interests of other
persons joined -with him In the defendant
company and this seemed to be the pivotal
lnt of the suit. Judge Fawcett Is to de
cide the case this afternoon
Mntr 3liiflt Mnkr I p 1)1 ( TerrHOP.
The suit of Klmball Bros , of Lincoln , who
had the plastering contract of the Nebraska
state building , against the State Commis
sion of the Transmlesl&elppt Deposition for
the difference between the 35 cents an hour
they were paIng their men and the 50
cents , the union scale wages , ordered by
the commission , was tried and disposed of
bj County Judge Baxter. The Increase In
the wages was because of a resolution
adopted by the commission early last jear ,
In compliance with the damands ot the
Omaha unions. Klmball Bros alleged that
they were out just $210 on Its account and
they insisted that the state commission
should make good the difference. Judge
Baxter so held , allowing then Interest from
the time the commission refused to pay the
money , when the demand was made.
Can't ' < toi th Appeal.
An effort of the attorney for Mrs Mary
W. Gajlord to prevent an appeal by Re
ceiver Potter of the Nebraska and Ex
change bank from the verdict of the jury
In her favor , amounting to some 51S.OOO ,
has failed. The- case was tried before Judge
Dickinson -when he was on the law bench
last term. The attorney went before Judge
Fawcett and asked for an order refusing to
allow the bank to appeal , on the ground
that the matter is solely within the dis
cretion of the equity court , that an appeal
would be expensive and result In less to
Mrs. Gaylord and other parties Interested ,
even though the lower court should be sus
tained , and that the grounds of appeal are
not sufficient to justify any further outlay
by the receiver. Judge Fawcett ruled
against him.
I'rliiK I p Tli o If Claim * .
Colonel Frank P Ireland of Nebraska City
Is In the city to sit as referee In the William
Potthurst bankruptcy case. Quite a number
of the creditors have already proven their
claims and the remainder are being given
an opportunity to do so. Potthurst & Co
were the proprietors of large general store.i
at Lincoln and Talmage and their accu
mulated liabilities amount to about $25,000
Colonel Ireland sajs that while the liabilities
are heavy the percentage of available assets
promises to be unusually large and the
creditors will realize a considerable amount.
IteNltlent of Two
A warrant has been issued for the arrest
of Leonard R Blodell on a charge of as
sault and battery , the prosecuting -witness
being Robert Ericksou Blodell liven upon
an island near East Omaha which is some
times in Nebraska and at others in Iowa ,
and Erlckson is a street car conductor.
Erickson's storj is that Blodell has been
annoying him considerably in a builjing
manner and on Februarj- attacked and
beat him. Just whether the sheriff's depu
ties will be able to locate Blodell In Ne
braska Is a problem they are wrestling with.
HAS NO EAR FOR MUSIC
Churlex Weber Olijec-tn to TUIICB
I'liiji-il liy HOJH While Ktilur-
tniiilnur Ilrldc nnd Groom.
Charles Weber , 2424 South Eighteenth
street , has lodged a complaint against three
bojs whom he accuses with having stolen a
pig and having mallciouslj destrojed his
propertj.
Weber alleges that Tueday night while a
reception was being tendered at his home
to Walter Martin and Miss Anna Hansen ,
following their marriage , a crowd of bojs
Invaded the premises and created such a
din In their efforts to entertain tbo newly
wedded couple that he could not stand it.
He insists that they took his wash boilers
and dishpans in order that they might con
vert thtm Into tomtoms. He saj-s thej ham
mered on the walls of the house until the
pictures shook He went out. and warned
them off , but they returned , entered the
basement and stole the pig.
Rhoda Tlllotson lodged a complaint against
Sam Tlllotson , whom s > he accuses of having
threatened to shoot her. She sajs Tillot-
Bon visited her room Wednesday morning ,
locked the door and threatened to kill her
unless she gave him some money. She es
caped from the room and went to the police
station. The officers arrested Tillotson and
cow she w < > nts him punished.
C. W. Drown was arraigned on a charge
of conversion as bailee , filed against him
by Prank Wilson. The case will be tried
next week. Wilson urges that Brown took
a horse and buggy and sold It on February
13. Drown was arrested In Sarpy county
and brought back by Deputy Sheriff Shand.
C. D. Sclden entered a plea of not guilty
to the charge of stealing a ten-Gallon keg
of whisky from M. Wollsteln d Co. The
driver of a delivery wagon was passing
Twentieth and Vinton streets on February
S and lost the keg off his wagon. He did
not notice Its absence until later and was
told that it had been carried into Mr. Sel-
don's blacksmith shop Selden sajs he had
nothing to do with the theft of the liquor.
The trial of H. G Wernimont on the
charge of having btolen a Smith-Premier
tjpcwritcr , commenced Thursday afternoon
before Judge Gordon and w 111 be concluded
todaj.
GO TO PAPILLION FOR TRIAL
Harry Vlnriiit r inl > Ni' to H
I'rrl ili ( C.-II-H nnil Turn *
I ii 111" I'alH.
The sheriff of Sarpy county came to Omaha
Thursday and took Harry Vincent and
Frank Sharp to Papllllon for trial , "ihe
men were arrcetod In South Uma'ia Wednes
day nlsht on suspicion of having robb'1
some Burllnzton and Rock Island bet cars
of $1,000 worth of goods.
Harry Vincent made a confession. H > t
said he was hired to drive the team ihe
nlsht the Rock Island car was robbed in
Sarpy countv , receiving J5 for his work.
Vincent and Charles Sharp picked the gools
up along the track. Frank Sharp and Jack
Younu hauled the coeds to South Ben4
while be walked to Louisville , to Chart * *
Sharp's home. The men returned and gat
another load , which they picked up along
the track also.
Charles Sharp is in jail at Panllllon and
Young at Lincoln Frank Sharp , who vita
arrested In South Omaha with Vincent , gave
the officers the location of four boxes of dry
In Lincoln
\V > lilllli ( it-til HI" .Mom- } .
Judge Gordon has received a draft for ? -7G
from a bank in Oneida N. Y. la favor of
Wadsworth Wyman Wjman la the jouug
man who btrollcd Into oeiurt one day and
told bis honor a supposed fairy taly concern
ing the mouej be had in an oa i rti bank
when be came wei > t three jeare ago. It was
learned that Wyman wa BUp ( > oi > ed to be
dead This was proven to be another man
ami the arrival of the draft convinces the
court that hit confidence lu the young man's
story waa not misplaced
Dr HulP Couch Sirup 's rnrtt ifUcacjous
iii pae-uisonit. It cure-3 quickly.
GO OUT TO HEAL THE SICk
Five Youag Women Graduate from Presby
terian Hospital Training School.
RECEIVE FLOWERS AND WORDS OF CHEER
Dr. Slone llurlln nt I.cnuUi I'pott Ilic
AVork of Trnlnoil Nurses
In turliiK for ( hi ;
Allllulcil.
Five fresh and sweet young women , lookIng -
Ing not at all terrible In dainty while caps
and neat gowns and pretty -white aprons ,
were sent -forth Into the world Thursday
night by the 1'resbjtcrlan Hospital TrainIng -
Ing School for Nurses to wage ceaseless - warfare
fare against disease and death. They were
Mlsics Molllo Heeler. Carrie n. KlnkeaJ ,
Sophie S. Sellncr , Blanche Irene Bcnion and
E\a Kcrr.
This quintet was graduated nt the West
minster Presbyterian church. It wag the
first annual public commencement of the
fchool. In years past a considerable num
ber of professional nurses ha\e earned the
diploma that Is given by the hospital at
the conclusion of the two jcars' coutso of
hard work , but the graduations have never
been of a public character. Hut judging
from thu attendance nnj the shower of
bouquets that landed In the arms of the
members of the quintet , not to speak of
the ado that ivas made over them In speeches
and song , the "sweet girl graduate" from a
school of nurses is ns magnetic and attrac
tive a creature as the one from any other
sohool , and It Is not likely that the Prcs-
bjterlan hospital -will let any more jears
go by without public commencement ex
ercises.
The exercises were directed by J K
Fleming , who is secretary of the executive
board of the hospital. He presented the
diplomas to the joung women with a few
congratulatory words. Besides this Im
portant feature of the program , there were
a number of musical selections bj the
church and a vocal solo by Miss Edna Wil
liams. Finally there was an address by
Hev. T. V. Moore of the church and an
other by Dr. Stone , one of the members of
the hospital faculty. The latter asserted
that the five capped and gowned joung wo
men who looked down upon the audience
so innoceutlj were by no means as untor-
rifj Ing to disease as they looked.
"These joungwomen have passed under
my observations almost dally during the
past jear , " he said. "They have been con
scientious , courteous , competent and pa
tient. You cannot realize how valuable
the ) have been , not only to the patient , but
also to the doctor. The doctor has gone to
the hospital , spent five minutes on some
surgical operation there , and then has left
the solution of the question of life or death
to one of these joung women. 1 must bear
the strongest testimony that they have been
equal to their tasks. "
These were the words for which the audi
ence was all ears , and Dr. Stone's listeners
probably paid less attention to some sta
tistics he read of the work of the hospitals
These showed that during the jear 5C4 pa
tients were cared for , 637 of whom were
discharged , twenty-five died and twenty-
seven remain. These patients were of all
colors , of all nationalities and of all re
ligions. Surgical operations to the num
ber of 341 were performed , but only eight
amputations were emplojed as a means to
recovery. Anesthesia -was administered 222
times.
Rev. Moore turned the attention of the
joung graduates to the spiritual side of
their profession. He spoke of Christ in all
of His forms and particularly of Christ the
healer , as the most suitable subject for the
occasion.
At the conclusion of the exercises a re
ception was tendered the graduates in the
church parlors by the women of the church.
Light refreshments were served.
WORK OF VISITING NURSES
Do .Much ( o Itollcvc I lie SuflcrliiK of
I lie I'oor ami sicU. of
tin- CIt > .
The Visiting Nurses' association held the
regular monthly meeting in the rooms in the
Arlington block Thursday afternoon , the
spirits of the members being raised by the
receipt of a number of liberal donations
and the application of several for member
ship certificates A comparison -was made
between the Omaha and Chicago associa
tions , which gave the local members a bet
ter Idea of the work that they have been
doing. A request from the Detroit asso
ciation , requesting information concerning
the methods adopted by the Omaha women
in their work , was received.
The report of the secretary showed that
the association had sixty-seven patients
last month. There were three deaths. Two
of these "were children in one family and
were due to the lack of proper comforts and
from absolute -want There were eight per
sons In the family and all were living in
two small rooms , with one bed for the ac
commodation of all. On Ing to lack of fuel
they were compelled to keep the house
closed , so there was no ventilation
The three nurses who volunteered their
services In the work were thanked by the
membeis The absolute need of bedding
was urged upon the association and It Is
requested that articles which may be used
to aid In the care of the sick may be left at
the room in the Arlington block.
The members talked over the blrthdaj
partjwhich is to be given on February 22
at the home of Mrs. McPberson , 701 Park
avenue , from 2 to D In the afternoon.
CITY COUNCIL PROCEEDINGS
SnliirlcN of 12mi > Io > en Wliorc at Lin
coln \re Cut Out of \p-
Iiroiirlntluii MiL-fl.
The city council at a special meeting jes
terday afternoon struck out of the monthly
galary appropriation sheet for Februarj the
salary of Street Commissioner Beverly ,
amounting to 1100 , and of 0. F. Robertson ] ,
hpeclal agent of Uio legal dt partment ,
amounting to $ 3 33 , because both tlieie city
officials are In attendance upon the legis
lature , and therefore tave given no services
to the citj- . Beverly is ono of Douglas
cxuntj-'s representatives.
The finance committee also recommended
that an item of ? 30 In favor of C. W. Britt
us asfclstant to the. city prosecutor at the
police court 02 disallowed. The council con
curred in this recommendation. Among tbo
itemfa allowed was ono in favor of the/ po
licemen who were reinstated by the district
court , which amounted to J1.712 1C.
The finance comraltteelilch reported the
tax levy that was adopted , alre-ady has com
menced its work of patching It up In ac
cordance with a resolution Introduced at the
last meeting J 1.000 was appropriated out of
the road fund for street stveepmg and clean-
tag.
I'lnn fur 11 Vlan M
The general committee on the organization
of the Auditorium entcrprig met at the
Commercial club Thursday night t complete
arrangements for a. large mahs-m&etlng ,
which will be held next Tbursdaj night.
Aside from chU , 'the only matters ccmrtdorHl
ware the constitution and bj-lawi and the
UK of citizens from which the board of
directors will be selected. The personnel of
the directory ' "as discussed at bomo length ,
but was not finally determined on.
Marrluuil.lfc'iiMx. .
Count ) Judge Baxter Issued the following
marriage license joiterduj
Name aud residence Age
Millar J Kelsey Mllla'd Neb . J3
'Clara ' A. M. ScluwxleJ , Mlllard. Neb : 'l
Leaves the Nervous System Shattered , Causing Sleeplessness , Weak
ness , and Depression of Spirits , Cured byte
to T
Hiivoou . liild La Grippe ' If von
liavo not , ilotilttlois sonio "f your
friends have and jott know what it K
You have ( -eon It suddenly , u Ithotit any
vvarultip , size the victim In Us relent
less prai.p and wrench asunder the
libels of the nervous system. That
terrible pain In the baek of the head ,
the iiolilnj : baek and leps. the orone-s
In the muscles mid bone * a * If bruised
or beaten , the feeble ptdM1 all the e
are. famalllar toou. , . Hut have you
noticed the after-efreefs ? Do you know
Unit It weakens the luupx , enfeebles the
heart , deranges the Momadi and boweN -
eN and seriously Interfeies with all the
functional operations of the body ? And
even after the disease Is apparently
dead the physical vveaknes-s , mental
npality and the depression of .spirits ie-
maJn. You al o know that hundred *
of men and -women with "tun d n\n"
feeling : written all over their 1 ! ! " .
unable to vvoik. without courage , have
SOUTH OMAHA NEWS ,
Survcjors In the employ of the I uion
Stock Yards company and the Union Pacific
Railroad company have made prelimlnarj
surveys if or a viaduct across the railroad
tracks at the foot of N street and also for
a tunnel under the tracks. A viaduct is not
considered practicable on account of the
number of steps which would have to 'be
climbed to reach it ami for this reason
those in authority have about decided to
abandon these plans and build a tunnel
At least tweutj-flve steps 'would be needed <
at each end of a foot bridge In order to
reach the required height above the tracks
and out of consideration for the people who
make almcst hourly trips across the tracks
it has been decided that a tunnel would
be the inctt convenient
Two survevs for the tunnel have been
made , but -which one will be decided upon
is a question One survey makes the landIng -
Ing on the north side of X street , while
the other lands on the south side. The cost
of either would be about the same , but in
one a sewer would be struck and this will
ba avoided if possible. Up to jesterday the
intention -was to build a tunnel for foot
passengers onij- , but the question of what
was to become of Hammond's teams camp
up and it is more than likely that a tunnel
sufflclentlj- largo for teams and foot pas
sengers will be constructed. The plans for
a foot paesenger tunnel only called for
seven steps down and seven up , but with
the change suggested there would be no
steps but a gradual Incline Dy making the
tunnel large enough for teams , the Hammond
mend company could continue to do its
hauling .from the north end of the plant
There Is no direct approach to the Hammond
mend plant from the south , as Twenty-sixth
street south ot the Q street -viaduct is
ueltbes graded nor paved If the street
from the viaduct to the level of the tracks
was paved Hammond's teams could cross
the tracks under the Q street -viaduct the
same as Swift's teams do , 1iut even with
this help the Hammonds have no unloading
or lending platforms at the south end of
the plant for teams , so that some provision
must be made to reach Hammond's from
the north
Whether It be -viaduct or subway the
tracks and the stock jards will < bo fenced
so as to throw the traffic from the tracks
In fact after the Improvements contem
plated are completed it will be impossible
to reach the stock yards except through thp
tunnel or over the viaduct. General Man
ager Kenjon of the stock yards company
and General ( Manager Dickinson of the
Union Pacific have talked the matter over
and steps -nill be taken at once to provide
some means of reaching the jards without
running the risk of being run down by
trains. The business at the jards has In
creased to such an extent that eight suitch
engines are kept busy all of the time han
dling the cars which arrive and are loaded
for Hhlpment. The Union Pacific switch
engines hero are also kept busy nil of the
time and 'with the Increase In the business
caused by the coming of the Illinois Cen
tral there will be more chance of accidents
than heretofore , so that a tunnel is nn ab
solute necessltj.
The point of landing of the tunnel will
mean a great deal to N street business men ,
as one side or the other of the street will
be benefited. Travel will naturally follow
the side of the street on which the tunnel
lands and for business reasons property
owners are taking considerable interest In
the matter. It Is understood that the tun
nel , If constructed , will land on the east
cud on the Union Pacific debt of way and
on the west on stock jards property.
1'rlllloii \ K"liiNtnnpxntlon. .
Uube Forsjtbe Is circulating a petition
which it Is understood will be sent to the
legislature protecting against anj measures
which might be adopted tending to the an
nexation of Omaha and South Omaha. It is
understood that Forsjtho Is working for the
politicians of the city , who fear that if an
annexation bill went through they would be
thrown out of emplojnient Quite a num
ber have signed the petition , as a certain
element hero is known to be opposed to
annexation A petition urping the legisla
ture to take measures to set a date foi a
special election to decide the question ma >
be passed around in order to offset thu one
now- being signed. The saloon men do not
want annexation , for the reason that liquor
licenses would bo raised to $1,000 a year
and a more rigid enforcement of the Slocumb
law- might be required.
The petition against annexation will , it is
understood , be sent to Senator Van DUBCII
with tbo expectation that he will present It
to the legislature. The fight on the ques
tion , if there is one , will be purely a po
litical one Those who control politics lii'ie
want to keep South Omaha as it Is , while
the citizens who are earning the but den
of taxation would like to have relief Should
the legislature pet a day for a special elec
tion to decide the question the politicians
can be counted upon to muster out all of
their forces to vote against the propotl.lon
On the other hand , the corporations and
other heavy taxpayers all favor annexation
and the contest "would likely bo a livtlj
one Of course the local papers are against
the proposition , as annexation would re UL-j !
to a great extent the revenue now derived 1
from the city.
ItcTcplInn mi M'uililiiKlnii' lilrf luln > .
The Woman's auxiliary of the Young ;
Men's Christian association will give a
Waihington reception at the parlors of the
institution on Tuesday evcnlnf , , February
SI Colonial dress will be worn by some and I
the following will represent the cbarar'rrs
named. George 'Washington , W. S S.brci ,
4
received health , heart nnd ambition i
through the remaiUable healing and
strengthening qualities of Dr. Miles' ,
Hestoratlve Not vine. It goes straight
to the cnu p of the mlneiilef resulting
from La Grippe. It foods and cures.
"Two jeam Ago I came dawn with La
Grlpp < > , resulting In nervous prostration ,
heart trouble and nervous djspcpsia. 1 be
came EO lou that 1 lost all control of m >
organi nnd could neither tpojk nor be
spoken to. Our doctor failed to restoe mj
health. I could retain nothing on my etotn-
uch , > uld not lie down to sleep could no'
bear any noiae nnd was on the verj wrgp
of Insanity when my wlfo b gnn giving mo
Dr. Miles' llffiorattvo Nervine. She could
see an Improvement after the first IxHtlo
nnd determined to continue the treatment.
Uelng pixty jcars of ago mj recovers was
Flow , but my health twdily Improved , my
head became clear and my rnlud as strong
as ihej cvrr were. My recovery was almost
like a miracle , and all due to Dr Miles'
Xervine. " CHOUGH A AXIIVKW ?
Great Harrington. Mara
Martha Washington , Mrs. J. D. Jones
r.eorge Fairfax , \V n Chtok Mrs Dolly
Madison , Miss Hettle Moore , Colonel John
Trumbull , Samuel 13 Christie Mrs Livings
ton. Mrs. James Martin , Miss Randolph.
Miss Dorla Carpenter , Miss AYInthrop , Miss
Hunt , Ml Sedc"ick , Miss Katherine Al
len , Quakeress , Mrs.V. . D. Cheek. Gentle-1
men of honor W. S. Wltten , General Miles , )
Herbert Droadwell. Admiral Dewey. John I
F. Hoborts. It Is stated that these are only
n few of the Important personages to be rep
resented at the reception.
D. H. Goodrich , secretary of the
Street Railwaj' company , wa1 * a visitor in
'the ' city jes'.erday afternoon.
; ' Scijuro Nivva , Kcneral secretary of the
Young Men's Christian association at Toklo ,
Japan , will speak at the local Young Men'u
Christian association Sunday aftertiocn.
Cudahy IB sending quintlties of canned
meats to Manila Nearly every day ship
ments are made , as ciot ecilj the troops
j there , but many of the residents , are using
i j meats packed and canned in thi oitj
I | A sneik thltf titered the- residence of
i Henry Mies , Twenty-fourth street , between
) | N and O streets a daj' or two ago and stole
j i two suits of clothes The thief alt-o carried
I away a book highly valued by Mr Mies
j Yestc-rdaj nfteuioon Judge Babcock dls- j
charged William McGrcagor from custody ,
1 as John Drum refused to appear against him.
McGreagor was arrested while trjing to
I break into Drum's houseon Q street , but
I as he claimed to bo drunk at the- time the
complaining witness refused to appear
acalnst him.
Eight new armchairs for the use of the
i members of the citj' council w ere purchased
I veeterdaj' Now new desks needed , as
the ones In use are in the loj. ages of de-
I
I cay , having been in use for at least six
I 5 ears. When the changes contemplated are |
j inado the council chamber will be quite comi i
fortable.
It was reported jesterday that n Germin
porter named Fred , employed at the Kted
hotel , had been left a legacy amounting to
? 7SOO by relatives In the old country No
one around the hotel Bc- ned to kuow the
porter's -real name , as he gave up his job
shortly after he received word that he was
in possession of a Email fortune
A special meeting of the South Omaha
club has been called for this evening Mat
ters pertaining to the removal of tiae club
to more commodious quarters will be taken
up and the committees appointed some time
ago to make ar-tin gem eats for new carpets ,
billiard tables and furniture will bo in a
position to make a report Every membei
of the club is urged to attend this meeting ,
as the lease on the new apartments will
commence on March 1.
I nder Inloii 1'aclflc Coutrol.
Official announcement Is made at the Union
Pacific headquarters In this city that the
Julcsburg branch will pass under the direct
controt of the Union Pacific next Saturdaj.
The branth Is 151 miles long , runnleig from
Julesburg to La Salle , and In a cut-off for
the 204 miles from Julesburg to La Salle , era
a saving of flfty-'three ' miles between Omaha
and Denver. The line is now under the re
ceivership of the old Denver & Gulf and has
been alloued to become dilapidated during
the Ian five jears , but tbo Union Pacific
has al Julesburg 5.000 tons of new steel
rails and preparations have been made to
ballast the line with Sherman gravel and
otherwise Improve It
PERSONAL PARAGRAPHS.
W. 11 We/it , Carroll Johnson and H. J.
Jo e , members of the minstrel company nt
Dojd'a theater , were guests of the Murray
jesterday.
First Lieutenant John McA. Palmer , aide
to General Edwin V. Sumner , Is acting as
afolstant adjutant general In the Department
of the Missouri during the absence of Cap
tain Hutchesc * ! .
W i : Grace and T. I ) . Jones stopped In
the city ThurNjay on their way io their
homos in the east , after having fp < nt foul
years piospectlng In Yukon gold fields. They
carry with them a larce quantity of ciug-
I gets , as the result of their lavoro.
I At the Klondike F W Cruger. Daniel
i Wdlhon , Carl Vogt , Arlington , J fhristner ,
Weeping Water , O. 13 Lewis , Tekamah ; J
C. Qulnii , Weeping Water , H S Hose , Du-
luth. Minn. , Joseph Hall , J. H. Carl. J. F.
HundjTckarnah , A. J. Anderson , Decatur ;
i William Stephtup , DCS Moine.s , la , John
] Wia > , Cocn Ilaplds , In , E. H Svvedlund ,
Wakeflcld. M Mabens. Homo , la.
At the Mlllard. George K. Lory , St.
Louis , W. S. Bartholomew , Chicago , Wll-
{ llam Hogiminn. Philadelphia , Mies Lizzlo
Henderson , Pu Paul. P. Morten-vn , Ord , S.
A. Megeath , Franklin. Pa , Bin Phillipt. ,
St Joseph , S. N. Watson , Chicago , H 12.
, Grallln. Lincoln. Mrs. Mary J. Grifiin. Phila
delphia , Paul Host , Chicago , W B Grace ,
T. B Jonea , Dawbon City , T , A. Halncs ,
Deadwocd ; Ben Hcrpfleld , New York , D U
Nelswandcr. South Bend , H. K. Wright ,
Boston.
Nebraskans at the hotels Charles N
Brown , W. S. Clapp , Ke-irnej , J A Harrio ,
Broken Bow , Mr and Mr G W. Took
Lincoln , A T Anderron , Columbus O U
Manville , Tllden ; A. M. Klllop , Tobus M
i A Wilder , Centra ] City , M. P M c'rtary
M J Berry. Hastings , Mr and Mra T L
* Sloan , Pendw ; J. J. Caldwell , Net ) < teka
City. H. L. Gould , Ogallala. L S SmMdei
W K Emans , Fremont , Thomus M Huni-
idtion , Gordon. W. S Cook. 1 kamah ( i
B Sonland , North Ptatte , David M Davies ,
I H. Hughes , Carroll , I' Bonnen , Gordon , A
[ P. Buvkley , David City.
, At the Murray J 15 lUso , Genoa I ) J
I Itolivcfcon , Denver , C E Drew , Burlington.
James D. Draper. Marlto , F lUjnoldd ,
I Newark , P M Crane , Canton , O . i' L
Weatnerwax , St Loula , W H We . New
York Canroll Johnson , New York , Mr and
I Mr * R J. Jo e , San Francluo V O Klru
i ball , Bustoc , C. II Harr , Peorla , Orion Por-
ner , Fairfax , H D C A Johnkon 'Mood
il > jkt. H E. Flaugher , New York. Thotnus
iH Thorp. Kansas City , Thomas tirilQih
) Minneapolis , It C Oulcalt. South Omaftu
ill L Harwood. Chicago O K Wheukr
Tyler Tex A N Forsyth Milwuul't'1
George W Po-ter Grand Uland , Otorg M
1 Gage , Minneapolis ,
Mr John S Pool. Priiueton. Kj , * ) "I
would gladlj proclaim theb gh tttftumtp 1
place on thp renl merit of Dr Mllrs Re-
fttoratlve Nervine. I IMU ! Ion ; l"en a
suffeiw from the cffocts of I/a Urlppr cr-
duiing much pain and tnteery. Mj n n s
were completely prosr.Ued I could nelthe-
vork nor ret. . At night it wan ImposMbio
for mv to get my natural sleep , and on'v '
the use of powerful drugs rould 1 rest at
all 1 M > ont larse Minn of mou > > v for pb > si-
clous' service and for 'oeat'wnta tha' vv '
rerimiruerolrd toIIP. . but tr-cy did me no
Koo > l From > the first doseI t k of Dr
Miles' Nervine 1 begin to improve and now *
I am olijovlng the von IIPS' of liral'h
That grent n-tnedj does much more tliio 1
claimed for it '
Sample Treatment Free ,
A trial package of Dr Miles' favorite
ittrrBtmtnt for l a Grippe consisting of Dr.
Miles' Restorative. Nervine. Dr. Miles' AtlU-
Pain Pills id Dr. Milts' Nt-rve uiul Liver
Pills , will be sent absolutely free of cost 10
an > person who will send name nnd ad
dress on a postal card requesting the
samples and mentioning the unrao ot tills
paper
DH MILES MKH1CVL CO. Elkhart. Ind.
Local lovers of minstrels ) were given an
evening of enjojable entertainment at Boyd H
thoHter Thursdaj night bj the veteran artist
in this line , W. H West , and his all star
burnt cork aigrcgation , which Includes such
old-timers as Carroll Johnson , Tom Lewis ,
JcUn King. Kd Gorman , JOP Garland , It J
Jose. 11. W. lYIllman , T. B. McMnhoa and
others oqunlly well known. Mr. West has
picked his company with care and considera
tloti , as was shown by "the manner In which
the large audience was kept almost conua-
uallj : laughing or applauding during the en
tire performance There are a few dry
things upon the program nnd the second
part hardly comes up to expectations , but
the first part is gorgeous and brilliant
enough to atone for all that was lacking
later. The scenic effects , tlie costuming and
the orchestral accompaniment to the -vocal
numbers , as well ns the cr emblo work , vvero
all worthy of commctidntlon.
The opening of the first part saw W H
West In the center as Interlocutor , Carroll
Johnson , John King , Larry and Billy Freeze
handling the tambos and Tom Lewis , Charles
nrnest , T. B McMahon nnd Eddie Horan
manipulating the bones , with Johnson and
Lewis on the ends. The introductory over
ture from the operas "Nadjj" and "William
Tell" were both well rendered Johnnie
Whalen and James Delvln Introduced some
dlfflcult baton movements. The comedy
quartet , composed of McMahon. King , Freeze
and Horan , sang "The Jennie Cooler Dance '
Clem Stewart , Charles Ernest and Charles
Kent sang some very pretty ballads Tom
Lewis sang some parodies that were well re
ceived. Hlchard Jose , who has a remarkable
tenor voice , sang his latest hit , "Just as the
Sun Went Down , " so well that it won htm
several emcores. The song was written by
an old Council Bluffs boy , J. JI. Keating ,
who writes under the nom de plume of Lyna
Udall and who Is now a resident of Port
land , Ore. Mr Keating Is also the author ot
"Just One Girl" and Ills new song bids faire
) o become as popular as its predecessor The
rendition of the Intermezzo from "Cav-
cllerla Rustlcaaa , " by R J Jose and a quar
tet comjKsed of Messrs. Stewart , Gorman ,
Kent , Garland and Frlllman , was easily the
feature of the performance.
The last part was taken up almost en
tirely by specialty numbers , all of which
were more or less enjojable. The finale ,
"Remember the Maine , " served to introduce
the entire company , dressed in the garb of
sailors. In a very clever drill The Imper
sonations of the different onval heroes -were
bad and should cither bo improved upon or
cut out ntlre-lj' .
La Grippe In asam cpiuemic. KTery prc-
cautlor.i should bo takrn to avoid it. ltn
specific cure Is One Minute Cough Cure
The best remedy for all agea. cures cougbe ,
colds and all lung troubles Pleasant to the
taste. No ono will bo disappointed in us
ing it.
Till * ItUVl/J'Y
INSTRUMENTS plac.d on record Thursday.
February Id US3
"Warranty I ) -i-il .
U S Rowley nnd wife to Granuda Co ,
lots 1 to 21 bit * k & 4 , Dundee Place.
lot 3 , liloik T , lots 10 , 13 , 14 nnd In ,
block & . lots K n ml ll , block 9 ; lot 4 ,
block 10 , Popplfton park $ 109
McCoy & Olmstead to William Berg ,
tax lot 23 in 15-15-J3 2,500
Mary Slmp-on to F J Meidlnfr , lot 7 ,
block IS. Walnut Hill JSOO
J. G Srhultz and wife to Christ Frond-
con , s'-a lot ) , bloik 1 , Potter & C H
add . . . . KO
n O AVilhon and husband to C 1"
Lund lot S , Godfrey's add . . . 1,200
J M AVPhterli'ld and wire to II A
Wcsterlleld , lot 4 , block 5 , Maynt H
ndd . . . . DOO
Andrew Swnnson nnd wire to E M
T7Hcliuck , lot IS , block 2 , Kountzc H
4th add 2000
E SI Tz t hutk and husband to
ThornaH Hudeeck. amn 3 400
A. M Giillntthor -Frank Kre-nek , lot
14 , block 3 , Albright's tub of lot 30 ,
Boutli Omaha . . 170
C. L Ady and hUKband to M. K
Ormsbj' , vv's lot 17 , block 2. Orchard
Hill ISO
Same to Gertrude McCurnbtr , e'i lot 17 ,
bl Kk 1 hume 150
J ,1 Fltzp-crald to Hosa Ge < nt , lot 30 ,
block 3 McG.ivo < k & O'K'n replat . 400
U"ll lull" DrrdN.
L AV. Hill 'to ' H -\VMtc.rfleJd , lot 7 ,
block 21 , Omaha view ext
r M. Brisks to C. C' Kendall , lot 7 ,
blotk 1C ; lot 17 , block 17. lot 7 , block
15 , Omaha View
Special M.ihter to M J. Vllp , w 2T feet
of o 1W feet lot 1 , block 5 , Lowe's I'd
add CO
Shi-rilT to John Applcby , n',4 * e' { and
sH : ip'4 24-16-10 . C.850
Sheriff to SI L Lclund , lot 3 , block
7 Bedford Place . . . . . 724
Totul amount of transft-ra . . 11S.35S
sia Cure.
Digests what you eat.
'
ItartlficlallydiBeststhefoodandalds
Nature in BtreiiKtnenlnu and recoil-
' structlnRtho exhausted digestive or
gans. It ia the latest discovered dlppst-
ant and tonic. No other preparation
| can approach it in efficiency. It in-
Btantly relieves and permanently cures
i Dyspepsia , Indigestion , Heartburn ,
1 Flatulence , Sour Stomach , Nausea.
SickHeadache.Gastralgia.Cramps.and
all other resultaof itnperf ectdlnestlon.
Pr pared by e. C. DcWItt A Co. , Chicago.